HomeMy WebLinkAboutORDINANCES-2020-008-O-2012/18/2019
8-0-20
AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 999-1015 Howard Street in the B2 Business District
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the. Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines, 153 111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 1979, as amended, ("the Zoning Ordinance"); and
WHEREAS, David Block, Director of Development for Evergreen Real
Estate Group, and representative of 1015 Howard LP (the "Applicant') located at 999-
1015 Howard Street, Evanston, Illinois (the "Subject Property"), legally described in
Exhibit A, which is attached hereto and incorporated herein by reference, applied,
pursuant to the provisions of the Zoning Ordinance, specifically, Section 6-3-6, "Planned
Developments," to permit the construction and operation of a Planned Development
located at the Subject Property in the B2 Business District ("B2 District"); and
WHEREAS, the Applicant sought approval to construct a four (4) story,
73,017 square foot addition to the existing CJE Senior Life building, with sixty (60)
affordable dwelling units for seniors, and fifty-five (55) parking spaces; and
WHEREAS, construction of the Planned Development, as proposed in the
application, requires exception from the strict application of the Zoning Ordinance with
regards to building height, number of parking spaces, interior yard setback, rear yard
setback, and loading zone vertical clearance; and
WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the
City Council may grant Site Development Allowances to the normal district regulations
established in the Zoning Ordinance; and
WHEREAS, on December 11, 2019, in compliance with the provisions of
the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the
Plan Commission held a public hearing on the application for a Special Use Permit for a
Planned Development, case no. 19PLND-0012, heard extensive testimony and public
comment, received other evidence, and made written minutes, findings, and
recommendations; and
WHEREAS, the Plan Commission's written findings state that the
application for the proposed Planned Development does not meet applicable standards
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set forth for Planned Developments in the B2 Zoning District per Subsection 6-9-3-3 and
6-9-1-9 of the Zoning Ordinance; and
WHEREAS, the Plan Commission recommended the City Council approve
the application; and
WHEREAS, on January 13, 2019, the Planning and Development ("P&D")
Committee of the City Council held meetings, in compliance with the provisions of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered and adopted the findings and recommendations of the Plan Commission,
and recommended approval thereof by the City Council; and
WHEREAS, at its meetings of January 13, 2020 and January 27, 2019,
held in compliance with the Open Meetings Act and the Zoning Ordinance, the City
Council considered the recommendation of the P&D Committee, the Applicant's
application, received additional public comment, made certain findings, and adopted
said recommendation; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747 (1991)) and is not subject to courtroom fact-finding (see
National Paint & Coating Assn v. City of Chicago, 45 F.3d 1124 (71h Cir. 1995)),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as facts and
incorporated herein by reference.
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SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit applied for in case no. 19PLND-
0012, to allow construction and operation of the Planned Development described
herein.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Building Height: A Site Development Allowance is hereby granted for an
approximately fifty-one (51) feet maximum building height, whereas subsection 6-
9-3-8 of the Zoning Ordinance requires a maximum allows building height of
forty-five (45) feet in the 132.
(B) Parking Spaces: A Site Development Allowance is hereby granted permitting
fifty-five (55) parking spaces, whereas table 16-B of subsection 6-16-3-5 of the
Zoning Ordinance requires a minimum of sixty-nine (69) parking spaces.
(C) Interior Yard Setback: A Site Development Allowance is hereby granted
permitting an interior yard setback of zero (0) feet from the Subject Property line,
whereas subsection 6-9-3-7(F) of the Zoning Ordinance requires a minimum of a
five (5) foot interior yard setback from the Subject Property line for this building in
the B2 District.
(D) Rear Yard Setback: A Site Development Allowance is hereby granted permitting
a rear yard setback of zero (0) feet from the Subject Property line, whereas
subsection 6-9-3-7(G) of the Zoning Ordinance requires a minimum of a fifteen
(15) foot rear yard setback from the Subject Property line for this building in the
B2 District.
(E) Loading Area: A Site Development Allowance is 'hereby granted permitting a
loading area with a vertical clearance of eleven (11) feet ten (10) inches,
whereas subsection 6-16-4-5 of the Zoning Ordinance requires all loading areas
to have a vertical clearance of at least fourteen (14) feet.
SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted
hereby, which may be amended by future ordinance(s), and violation of any of which
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shall constitute grounds for penalties or revocation of said Special Use Permit pursuant
to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(A) Compliance with Applicable Requirements: The Applicant shall develop and
operate the Planned Development authorized by the terms of this ordinance in
substantial compliance with: the terms of this ordinance; the Site and Landscape
Plans in Exhibits D and E, attached hereto and incorporated herein by reference;
all applicable legislation; the Applicant's testimony and representations to the
Design and Project Review Committee, the Plan Commission, the P&D
Committee, and the City Council; and the approved documents on file in this case.
(13) Continued Design Development: The applicant shall continue to work with staff
on design details on the east and west building elevations.
(C) Construction Management Plan: The Applicant shall sign and agree to a
Construction Management Plan (CMP) with the City of Evanston prior to
issuance of the Building Permit. The CMP shall include but is not limited to the
following: construction phasing/staging plans; construction hours; site access
including traffic and pedestrian safety plans; contractor parking; damage control
and vibration monitoring; construction exhibits; project communication and
signage.
(D) Waste: Prior to issuance of building permit, the Applicant shall develop and
obtain the Director of the Public Works Agency's approval of a garbage and
waste management plan for the subject property.
(E) Landscape Plan: Prior to issuance of building permit, the Applicant shall
develop and obtain the Director of the City's Public Works Agency's approval of a
revised Landscape Plan with a tree list.
(F) Snow: Prior to issuance of building permit, the Applicant shall develop and
obtain the Director of the Public Works Agency's approval of a snow removal
management plan for the subject property.
(G) Update to Plans: The Applicant shall update the plans for the project to show
the public sidewalk extending through the driveways off Howard Street.
(H) Construction Schedule: Pursuant to Subsection 6-9-1-9(A)(4) of the Zoning
Ordinance, the planned development shall be completed within two (2) years of
the issuance of the special use permit for the planned development.
(1) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the
Applicant shall, at its cost, record a certified copy of.this ordinance, including all
exhibits attached hereto, with the Cook County Recorder of Deeds, and provide
proof of such recordation to the City, before the City may issue any permits
pursuant to the Planned Development authorized by the terms of this ordinance.
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SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant's tenants, agents,
assigns, and successors in interest."
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full force and effect with respect to the use and
development of the same. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
SECTION 8: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance are hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 10: The findings and recitals herein are hereby declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: 30nwai, 13 , 2020 Approved:
Adopted: 91 , 2020 ; 2020
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Attest:
Levan rRciJ, aty-Fief*
ej IJ�I�eiti �me Z� Clv -kaf (
8-0-20
Stephen H.4g6d4y/
Appro d as to form:
K6W G�niur5l, C tion Counsel
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EXHIBIT A
Legal Description
LOTS 3 TO 18, BOTH INCLUSIVE, IN GRANT AND GRANT'S HOWARD RIDGE
ADDITION TO EVANSTON, BEING A SUBDIVISION OF LOT 1 (EXCEPT THE SOUTH
43 FEET DEEDED TO THE CITY OF EVANSTON FOR HOWARD STREET ) IN
CORRECTION PLAT OF SUBDIVISION OF LOT 9 (EXCEPT THE NORTH 24 FEET
THEREOF) IN COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS IN THE
NORTHWEST 1/4 OF LOT 13 IN COUNTY CLERK'S DIVISION OF PART OF THE
SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 11-30-12-057-0000,
11-30-12-042-0000;
11-30-12-043-0000;
11-30-12-044-0000;
11-30-12-045-0000;
11-30-12-046-0000;
11-30-12-047-0000;
11-30-122-048-0000;
11-30-122-049-0000;
11-30-122-050-0000;
11-30-122-051-0000;
11-30-122-052-0000;
11-30-122-053-0000
COMMONLY KNOWN As: 999-1015 Howard Street
EXHIBIT B
Development Plans
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EXHIBIT C
Landscape Plans